IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080006013 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show he served in Vietnam.  

2.  The applicant states, in effect, that he arrived in Vietnam on 4 December 1967, that in September/October 1968 he fell from a track and injured his left knee, and that he was shipped out of Vietnam for further medical treatment.  He contends that his records never caught up with him and he was told they were lost.   

3.  The applicant provides a copy of his DD Form 214 and a VA Form 21-4138 (Department of Veterans Affairs Statement in Support of Claim), dated 17 March 2008.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted on 11 July 1967.  His DA Form 20 (Enlisted Qualification Record) shows he arrived in Vietnam on 8 December 1967.  His DA Form 20 also shows that he was assigned to Battery B, 8th Battalion, 6th Artillery of the 1st Infantry Division in Vietnam from 17 December 1967 until he was evacuated on 3 October 1968.  On 25 March 1969, the applicant was released from active duty in the rank of private first class after completing 1 year, 
8 months, and 16 days of creditable active service with no time lost.  
  
3.  The applicant’s DD Form 214 shows the National Defense Service Medal as an authorized award.  Item 23c (Foreign and/or Sea Service) on the applicant’s DD Form 214 shows the entry, “See Item #30.”  Item 30 (Remarks) on his DD Form 214 shows, in pertinent part, the entry, “Separated on temporary records and Soldier’s statement.”

4.  There is no evidence to show the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

5.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

6.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit is eligible for award of the Meritorious Unit Commendation for actions during the period 1 July 1967 to 
31 March 1968 based on Department of the Army General Orders Number 42, dated 1969.

7.  Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969. 

8.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

9.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation, in effect at the time, provided that the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in item 23c.  The regulation in effect at the time also required that service on or after 5 August 1964 in Indochina and Korea be shown in item 30 (Remarks) with the inclusive dates of service in Vietnam and the entries “Yes” or “No” for service in Indochina and Korea.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The entries on the applicant’s DA Form 20 which show he arrived in Vietnam on 8 December 1967 and departed on 3 October 1968 (a total of 9 months and 25 days) are accepted as sufficient evidence on which to amend items 23c and 30 on his DD Form 214.

2.  Based on the applicant’s service in Vietnam and participation in three campaigns, he is eligible for award of the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960).

3.  The applicant was separated in the rank of private first class with 20 months of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 11 July 1967 through 25 March 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

4.  The applicant’s unit received the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  awarding him the first award of the Good Conduct Medal for the period 11 July 1967 through 25 March 1969;  

	b.  deleting the entry in item 23c on his DD Form 214; 

	c.  adding the entry, “USARPAC [U. S. Army Pacific] 0 9 25” in item 23c on his DD Form 214;

	d.  adding the Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 

	e.  adding the entry, “Service in Vietnam:  671208-681003” in item 30 on his DD Form 214.


								XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080006013





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006013



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1